1	LIVING SHORELINES ******************** STATE AUTHORITIES IN ALABAMA, FLORIDA, AND MISSSISSIPPI Josh Clemons MS-AL Sea Grant Legal Program November 29, 2007
2	ALABAMA State Lands Division of Dept. of Conservation and Natural Resources Alabama Dept. of Environmental Management (ADEM)
3	Ala. State Lands Division Jurisdiction: State-owned submerged lands Activities: New Existing Expansion
4	Ala. State Lands Division Management Priorities: Maintain essentially natural conditions Fish and wildlife propagation Traditional recreational uses Protect navigation
5	Ala. State Lands Division Criteria: Not contrary to public interest Water dependent Encourage use of native vegetation and soft approaches Discourage seawalls Rights of upland riparians protected
6	Ala. State Lands Division Conditions: Compensate for impacts to public use Minimize adverse impacts to wetland vegetation and wildlife habitat Setbacks, as necessary
7	ADEM Jurisdiction: Areas covered by Alabama Coastal Area Management Program (ACAMP) Activities: Shoreline stabilization and erosion mitigation Uses requiring a federal license or permit
8	ADEM Management Priorities: Protecting coastal resources
9	ADEM Criteria: Consistency with ACAMP and Special Management Areas Impact on public access Impact on coastal resources Regional benefits Water dependent, if wetlands are affected
10	ADEM Conditions: No permit for hard structure if non-structural alternative is available Protection of dune systems and vegetation
11	FLORIDA Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) Florida Department of Environmental Protection, Division of Beaches and Shores (FDEP)
12	FLORIDA – Board of Trustees Jurisdiction: State-owned (or “sovereignty”) submerged lands Activities: Activities on submerged lands
13	FLORIDA – Board of Trustees Management Priorities: Natural conditions Fish and wildlife propagation Recreational uses Navigation Protect wetland vegetation
14	FLORIDA – Board of Trustees Criteria: Significant adverse impacts Conditions: Minimize destruction of wetland vegetation Alternatives to seawalls where feasible Minimize adverse impacts to habitat and resources Setbacks Some area-specific conditions apply
15	FLORIDA - FDEP Jurisdiction: Area seaward of coastal construction control line (CCCL) Activities: Construction Dredging and filling Coastal armoring
16	FLORIDA – FDEP Management Priorities: Prevent degradation of, and promote restoration of, the coastal system Criteria: Significant adverse impacts, including cumulative Soft alternatives encouraged
17	FLORIDA – FDEP Conditions: Minimize and mitigate adverse impacts Protect native vegetation Protect public access Protect dune topography Protect natural movement of sediment (groins and jetties discouraged)
18	MISSISSIPPI Mississippi Department of Marine Resources (DMR) Mississippi Commission on Marine Resources (CMR)
19	MISSISSIPPI Jurisdiction: Public trust tidelands and submerged lands, coastal wetlands Activities: Leasing Dredging and filling Construction that affects ebb and flow of the tide
20	MISSISSIPPI Management Priorities: Preserve the natural state of coastal wetlands and ecosystems Permit alteration when it serves a “higher public purpose”
21	MISSISSIPPI Criteria: Service of higher public purpose Protection of public access Protection of public uses – fishing, recreation, navigation Conditions: As necessary to further management policy
22	QUESTIONS? Josh Clemons Research Counsel MS-AL Sea Grant Legal Program jeclemon@olemiss.edu (662) 915-7775